The Nigerian Court of Appeal in Abuja has set aside the order of a Federal High Court that restrained the Central Bank of Nigeria (CBN) and the Accountant General of the Federation from releasing funds to the Rivers State government.
On Friday, the three-member panel, led by Justice Hamman Barka, ruled that the lower court did not have jurisdiction over the subject matter.
It would be recalled that Justice Joyce Abdulmalik of the Federal High Court, Abuja, had on Wednesday, October 30, ordered the cessation of funding to the state. The order was based on Governor Sim Fubara’s presentation of the 2024 budget to the four-member faction of the Rivers House of Assembly, led by Hon. Victor Oko-Jumbo. The judge said it constituted “gross violations of the 1999 Constitution.”
But in delivering their appellate judgement on Friday, Justice Barka chided the lower (federal high) court, saying it “overreached itself and didn’t have the jurisdiction to entertain the matter.“
The appellate court then declared Justice Joyce Abdulmalik’s order restricting Rivers State’s receipt of funds from its consolidated revenue fund unconstitutional and set it aside.
In the same ruling, the court validated the recent local government election conducted by the Rivers State Electoral Commission.
Judgments Hailed
Senior Advocate of Nigeria, Femi Falana, hailed the judgments. He said, “Both decisions delivered by the Court of Appeal will reinforce the basic tenets of federalism in this country.”
He clarified that the cases were not for the Federal High Court but for the State High Court.
Falana said, “These decisions align with the tenets of federalism outlined in the Constitution of the Federal Republic of Nigeria.”
Falana added, “The Court of Appeal is saying that joining federal agencies or officers to a case about revenue or local government elections cannot confer jurisdiction on the Federal High Court.”
The Friday appellate judgment is a massive victory for Gov. Fubara, who’s been locked in a power struggle with political forces allegedly loyal to former Gov. Nyesom Wike.
It is unknown if the matter initiated by the Amaewhule-led now dissolved faction of the House of Assembly will escalate to the highest court in the land, the Supreme Court of Nigeria, for final adjudication or accept the verdict of the Appeal Court.
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